Common Alloy Aluminum Sheet From Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 19444-19449 [2020-07179]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19444-19449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07179]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-525-001, A-351-854, A-891-001, A-729-803, A-428-849, A-484-804, A-
533-895, A-560-835, A-475-842, A-580-906, A-523-814, A-485-809, A-801-
001, A-856-001, A-791-825, A-469-820, A-583-867, A-489-839]


Common Alloy Aluminum Sheet From Bahrain, Brazil, Croatia, Egypt, 
Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, 
Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic 
of Turkey: Initiation of Less-Than-Fair-Value Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable March 30, 2020.

FOR FURTHER INFORMATION CONTACT: Allison Hollander at (202) 482-2805 
(Bahrain); Shanah Lee at (202) 482-6386 (Brazil); Irene Gorelik at 
(202) 482-6905 (Croatia); Magd Zalok at (202) 482-4162 (Egypt); 
Jonathan Hill at (202) 482-3518 (Germany); Samantha Kinney at (202) 
482-2285 (Greece); Jasun Moy at (202) 482-8194 (India); Preston Cox at 
(202) 482-5041 (Indonesia); Kathryn Wallace at (202) 482-6251 (Italy); 
Annathea Cook at (202) 482-0250 (Republic of Korea (Korea)); Chelsey 
Simonovich at (202) 482-1979 (Oman); Krisha Hill at (202) 482-4037 
(Romania); Katherine Johnson at (202) 482-4929 (Serbia); Allison 
Hollander at (202) 482-2805 (Slovenia); Peter Zukowski at (202) 482-
0189 (South Africa); Rachel Greenberg at (202) 482-0652 (Spain); 
Kathryn Turlo at (202) 482-3870 (Taiwan); and Sean Carey at (202) 482-
3964 (Republic of Turkey (Turkey)); AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On March 9, 2020, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of common 
alloy aluminum sheet (aluminum sheet) from Bahrain, Brazil, Croatia, 
Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, 
Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey filed in 
proper form on behalf the petitioners,\1\ domestic producers of 
aluminum sheet.\2\ The Petitions were accompanied by countervailing 
duty (CVD) petitions concerning imports of aluminum sheet from Bahrain, 
Brazil, India and Turkey.\3\
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    \1\ The Aluminum Association Common Alloy Aluminum Sheet Trade 
Enforcement Working Group and its Individual Members, Aleris Rolled 
Products, Inc., Arconic, Inc., Constellium Rolled Products 
Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and 
Texarkana Aluminum, Inc.
    \2\ See Petitioners' Letter, ``Common Alloy Aluminum Sheet from 
Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, 
Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, 
Taiwan and Turkey--Petition for the Imposition of Antidumping and 
Countervailing Duties,'' dated March 9, 2020 (the Petitions).
    \3\ Id.
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    Between March 12 and 20, 2020, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\4\ The petitioners filed responses to the 
supplemental questionnaires between March 16 through 23, 2020.\5\
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    \4\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping Duties on Imports of Common Alloy Aluminum Sheet from 
Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, 
Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, 
Taiwan and Turkey: Supplemental Questions,'' dated March 13, 2020 
(General Issues Supplemental); and country specific supplemental 
questionnaires: Bahrain Supplemental, Brazil Supplemental, Croatia 
Supplemental, Egypt Supplemental, Germany Supplemental, Greece 
Supplemental, India Supplemental, Indonesia Supplemental, Italy 
Supplemental, Korea Supplemental, Oman Supplemental, Romania 
Supplemental, Serbia Supplemental, Slovenia Supplemental, South 
Africa Supplemental, Spain Supplemental, Taiwan Supplemental, and 
Turkey Supplemental, dated March 12, 2020 or March 13, 2020; see 
also country-specific Memoranda regarding telephone conversation 
with counsel for the petitioners, dated March 20, 2020.
    \5\ See Petitioners' First country-specific Supplemental 
Responses, dated March 16, 2020 through March 18, 2020; see also 
Petitioners' Letter, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan 
and Turkey--Petitioners' Amendments to Volume I Relating to General 
Issues,'' dated March 17, 2020 (General Issues Supplement); 
Petitioners' Letters, ``Petitioners' Revised Confidential Foreign 
Market Research Declarations,'' dated between March 17, 2020 and 
March 18, 2020; Second country-specific Supplemental Responses, 
dated March 20, 2020 through March 23, 2020; and the petitioners' 
Letter, ``Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, 
Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, 
Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and Turkey--
Petitioners' Second Amendment to Volume I Relating to General 
Issues,'' dated March 23, 2020 (Second General Issues Supplement).

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[[Page 19445]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of aluminum 
sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, 
Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, 
Spain, Taiwan, and Turkey are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the domestic 
aluminum sheet industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions are accompanied by information 
reasonably available to the petitioners supporting their allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in sections 771(9)(C) and (F) of the Act. Commerce 
also finds that the petitioners demonstrated sufficient industry 
support for the initiation of the requested AD investigations.\6\
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    \6\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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Period of Investigations

    Because the Petitions were filed on March 9, 2020, the period of 
investigation (POI) for these AD investigations is January 1 through 
December 31, 2019, pursuant to 19 CFR 351.204(b)(1).\7\
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    \7\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations

    The products covered by these investigations are aluminum sheet 
from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, 
Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, 
Spain, Taiwan, and Turkey. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on April 20, 2020, which is 20 calendar days from the signature 
date of this notice.\10\ Any rebuttal comments, which may include 
factual information, must be filed by 5:00 p.m. ET on April 30, 2020, 
which is ten calendar days from the initial comment deadline.\11\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ Commerce practice dictates that where a deadline falls on a 
weekend or Federal holiday, the appropriate deadline is the next 
business day (in this instance, April 20, 2020). See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigations be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of aluminum sheet to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics, and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe aluminum sheet, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on April 20, 
2020, which is 20 calendar days from the signature date of this 
notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
April 30, 2020. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on

[[Page 19446]]

the record of each of the AD investigations.
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    \13\ See 19 CFR 351.303(b). Commerce practice dictates that 
where a deadline falls on a weekend or Federal holiday, the 
appropriate deadline is the next business day (in this instance, 
April 20, 2020). See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\16\ Based on our analysis of the information 
submitted on the record, we have determined that aluminum sheet, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\17\
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    \16\ See Volume I of the Petitions at 13-15.
    \17\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see country-specific AD Initiation Checklists at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 
and Turkey (Attachment II).
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
their 2019 production of the domestic like product.\18\ In addition, 
the petitioners provided 2019 production data for and a letter of 
support from Jupiter Aluminum Corporation.\19\ The petitioners 
estimated the production of the domestic like product for the entire 
domestic industry based on shipment data collected by the Aluminum 
Association, and the Aluminum Association's knowledge of the 
industry.\20\ We relied on data provided by the petitioners for 
purposes of measuring industry support.\21\
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    \18\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see 
also General Issues Supplement at 3.
    \19\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see 
also Second General Issues Supplement.
    \20\ See Volume I of the Petitions at 4 and Exhibits GEN-2 and 
GEN-3; see also General Issues Supplement at 3.
    \21\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see 
also General Issues Supplement at 3. For further discussion, see 
Attachment II of the country-specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the 
petitioners have established industry support for the Petitions.\22\ 
First, the Petitions established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, Commerce is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\24\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Petitions account for more than 50 percent of 
the production of the domestic like product produced by that portion of 
the industry expressing support for, or opposition to, the 
Petitions.\25\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
732(b)(1) of the Act.\26\
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    \22\ Id.
    \23\ Id.; see also section 732(c)(4)(D) of the Act.
    \24\ See Volume I of the Petitions at 4 and Exhibit GEN-2; see 
also General Issues Supplement at 3. For further discussion, see 
Attachment II of the country-specific AD Initiation Checklists.
    \25\ Id.
    \26\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, with regard to Oman, Germany, 
Bahrain, Indonesia, Taiwan, Turkey, India, South Africa, Korea, Brazil, 
and Greece, the petitioners allege that subject imports exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\27\ With regard to Italy, Spain, Egypt, Slovenia, Romania, 
Croatia, and Serbia, while the allegedly dumped imports from each of 
these countries do not individually exceed the statutory requirements 
for negligibility, the petitioners provide data demonstrating that the 
aggregate import share from these five countries is 9.7 percent, which 
exceeds the seven percent threshold established by the exception in 
section 771(24)(A)(ii) of the Act.\28\

[[Page 19447]]

Therefore, the subject imports from these countries are not negligible 
for purposes of the material injury analysis in these Petitions.\29\
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    \27\ See Volume I of the Petitions at 15-17 and Exhibit GEN-9.
    \28\ Section 771(24)(A)(ii) of the Act states ``{i{time} mports 
that would otherwise be negligible under clause (i) shall not be 
negligible if the aggregate volume of imports of the merchandise 
from all countries described in clause (i) with respect to which 
investigations were initiated on the same day exceeds 7 percent of 
the volume of all such merchandise imported in to the United States 
during the applicable 12-month period.''
    \29\ See Volume I of the Petitions at 15-16 and Exhibit GEN-9.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declining capacity utilization; a declining 
number of production and related workers; and a decline in financial 
performance and profitability.\30\ We assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\31\
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    \30\ See Volume I of the Petitions at 22-37 and Exhibits GEN-7, 
and GEN-10 through GEN-15.
    \31\ See country-specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petition Petitions Covering 
Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, 
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, 
Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey 
(Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of aluminum sheet from Bahrain, Brazil, Croatia, Egypt, 
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, 
Slovenia, South Africa, Spain, Taiwan, and Turkey. The sources of data 
for the deductions and adjustments relating to U.S. price and normal 
value (NV) are discussed in greater detail in the country-specific AD 
Initiation Checklists.

U.S. Price

    For all countries, the petitioners based export price (EP) or 
constructed export price (CEP) (as applicable), on pricing information 
for sales of, or sales offers for, aluminum sheet produced in and 
exported from each country. The petitioners made certain adjustments to 
U.S. price to calculate a net ex-factory U.S. price.\32\
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    \32\ See country-specific AD Initiation Checklists.
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Normal Value \33\
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    \33\ In accordance with section 505(a) of the Trade Preferences 
Extension Act of 2015, amending section 773(b)(2) of the Act, for 
these investigations, Commerce will request information necessary to 
calculate the constructed value and cost of production (COP) to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product. Commerce no longer 
requires a COP allegation to conduct this analysis.
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    For Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, 
Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, Spain, 
Taiwan, and Turkey, the petitioners based NV on a home market price 
quote obtained through market research for aluminum sheet produced in 
and sold, or offered for sale, in each country within the applicable 
time period.\34\ For Oman, the petitioners provided information 
indicating that the price quote was below the COP and, therefore, the 
petitioners also calculated NV based on constructed value (CV).
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    \34\ Id.
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    For South Africa, the petitioners were unable to obtain a price 
quote for aluminum sheet produced in and sold, or offered for sale, in 
South Africa that was usable for comparison to the price of aluminum 
sheet exported to the United States from South Africa, nor were third 
country prices reasonably available to the petitioners.\35\ The 
petitioners therefore calculated NV based on CV.\36\
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    \35\ See South Africa AD Initiation Checklist.
    \36\ Id.
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    For further discussion of CV, see the section ``Normal Value Based 
on Constructed Value.''

Normal Value Based on Constructed Value

    As noted above, the petitioners were unable to obtain information 
relating to the prices charged for aluminum sheet produced in South 
Africa and sold in South Africa, or any third country market, and the 
price quote obtained for the sale in Oman was below the COP. 
Accordingly, the petitioners based NV on CV.\37\ Pursuant to section 
773(e) of the Act, the petitioners calculated CV as the sum of the cost 
of manufacturing, selling, general, and administrative expenses, 
financial expenses, and profit.\38\
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    \37\ See country-specific AD Initiation Checklists for details 
of calculations.
    \38\ See Oman AD Initiation Checklist and South Africa AD 
Initiation Checklist.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of aluminum sheet from Bahrain, Brazil, Croatia, 
Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, 
Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey are being, or 
are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP or CEP, as applicable, to NV in accordance with 
sections 772 and 773 of the Act, the estimated dumping margins for 
aluminum sheet for each of the countries covered by this initiation are 
as follows: (1) Bahrain--58.45 percent; (2) Brazil--17.96 and 27.01 
percent; (3) Croatia--13.79 percent; (4) Egypt--31.50 percent; (5) 
Germany--37.22 percent; (6) Greece--61.87 percent; (7) India--122.80 to 
151.00 percent; (8) Indonesia--32.12 percent; (9) Italy--29.13 percent; 
(10) Korea--36.55 and 44.03 percent; (11) Oman--15.90 and 58.17 
percent; (12) Romania--12.51 percent; (13) Serbia--25.84 percent; (14) 
Slovenia--12.95 percent; (15) South Africa--63.27 percent; (16) Spain--
24.26 percent; (17) Taiwan--27.22 percent; and (18) Turkey--42.88 
percent.\39\
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    \39\ See country-specific Initiation Checklists for details of 
calculations.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of aluminum sheet from Bahrain, Brazil, Croatia, Egypt, 
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, 
Slovenia, South Africa, Spain, Taiwan, and Turkey are being, or are 
likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Respondent Selection

    In the Petitions, the petitioners named one company in Bahrain, six 
companies in Brazil, one company in Croatia, one company in Egypt, 37 
companies in Germany, two companies in Greece, 14 companies in India, 
four companies in Indonesia, 20 companies in Italy, 25 companies in 
Korea, one company in Oman, two companies in Romania, two companies in 
Serbia, one company in Slovenia, one company in South Africa, 16 
companies in Spain, 12 companies in Taiwan, and 21 companies in Turkey 
\40\

[[Page 19448]]

as producers/exporters of aluminum sheet.
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    \40\ See Volume I of the Petitions at Exhibit GEN-6.
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    Following standard practice in AD investigations involving market 
economy countries, in the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents in Brazil, Germany, India, Indonesia, 
Italy, Korea, Spain, Taiwan, and Turkey based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States numbers listed in the 
``Scope of the Investigations,'' in the appendix.
    On March 24, 2020, Commerce released CBP data on imports of 
aluminum sheet from those countries with a large number of companies, 
specifically, Brazil, Germany, India, Indonesia, Italy, Korea, Spain, 
Taiwan, and Turkey under Administrative Protective Order (APO) to all 
parties with access to information protected by APO and indicated that 
interested parties wishing to comment on the CBP data must do so within 
three business days of the publication date of the notice of initiation 
of these investigations.\41\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
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    \41\ See Memoranda, ``Antidumping Duty Investigation of Common 
Alloy Aluminum Sheet: Release of Customs Data from U.S. Customs and 
Border Protection,'' dated March 24, 2020.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gove/apo.
    The petitioners identified one company in Bahrain as the producer/
exporter of aluminum sheet (i.e., Gulf Aluminium Rolling Mill Company 
(GARMCO)), one company in Croatia as the producer/exporter of aluminum 
sheet (i.e., Impol-TLM,d.o.o.), one company in Egypt as the producer/
exporter of aluminum sheet (i.e., Aluminium Co. of Egypt (Egyptalum)), 
two companies in Greece as producers/exporters of aluminum sheet (i.e., 
Argiropoulos B.A.E.E and Elval Hellenic Aluminium Industry S.A.), one 
company in Oman as the producer/exporter aluminum sheet (i.e., Oman 
Aluminium Rolling Company (OARC)), two companies in Romania as 
producers/exporters of aluminum sheet (i.e., Alro, S.A. and Vimetco 
Group), two companies in Serbia as producers/exporters of aluminum 
sheet (i.e., Impol Seval Aluminium Rolling Mill and Otovici Doo), one 
company in Slovenia as the producer/exporter of aluminum sheet (i.e., 
Impol 2000, dd and its subsidiary companies including Impol d.o.o. and 
Impol FT, d.o.o. (Impol Group)), and one company in South Africa as the 
producer/exporter of aluminum sheet (i.e., Hulamin Operations (PtY) 
Ltd.), and provided independent third-party information as support.\42\ 
We currently know of no additional producers/exporters of aluminum 
sheet from Bahrain, Croatia, Egypt, Greece, Oman, Romania, Serbia, 
Slovenia, or South Africa. Accordingly, Commerce intends to 
individually examine all known producers/exporters in the 
investigations from these countries (i.e., the companies cited above).
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    \42\ See country-specific Supplemental Responses dated March 17, 
2020 or March 18, 2020.
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    Parties wishing to comment on respondent selection for Bahrain, 
Croatia, Egypt, Greece, Oman, Romania, Serbia, Slovenia, or South 
Africa must do so within three business days of the publication of this 
notice in the Federal Register. Commerce will not accept rebuttal 
comments regarding respondent selection for Bahrain, Croatia, Egypt, 
Greece, Oman, Romania, Serbia, Slovenia, or South Africa. Comments must 
be filed electronically using ACCESS. An electronically-filed document 
must be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5:00 p.m. ET on the specified deadline.

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of Bahrain, Brazil, Croatia, Egypt, 
Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, 
Slovenia, South Africa, Spain, Taiwan, and Turkey via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the AD Petitions to each exporter named in the AD Petitions, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of aluminum sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, 
Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and/or Turkey 
are materially injuring, or threatening material injury to, a U.S. 
industry.\43\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\44\ 
Otherwise, these AD investigations will proceed according to statutory 
and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \45\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\46\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \45\ See 19 CFR 351.301(b).
    \46\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of CV under section 773(e) of the Act.\47\ Section 773(e) of 
the Act states that ``if a particular market situation exists such that 
the cost of materials and fabrication or other processing of any kind 
does not accurately reflect the cost of production in the ordinary 
course of trade, the administering authority may use another 
calculation methodology under

[[Page 19449]]

this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
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    \47\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
May 19, 2020, unless extended.\50\
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    \50\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: March 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The products covered by these investigations are common alloy 
aluminum sheet, which is a flat-rolled aluminum product having a 
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or 
cut-to-length, regardless of width. Common alloy sheet within the 
scope of these investigations includes both not clad aluminum sheet, 
as well as multi-alloy, clad aluminum sheet. With respect to not 
clad aluminum sheet, common alloy sheet is manufactured from a IXXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of these investigations if performed in 
the country of manufacture of the common alloy sheet.
    Excluded from the scope of these investigations is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-19, H-41, H-48, or H-391 temper. In addition, 
aluminum can stock has a lubricant applied to the flat surfaces of 
the can stock to facilitate its movement through machines used in 
the manufacture of beverage cans. Aluminum can stock is properly 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of these investigations may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of these investigations is dispositive.

[FR Doc. 2020-07179 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P